Siegelman Notes

Legal Schnauzer, Eleventh Circuit panel uses cheat job on Richard Scrushy to justify its latest cheat job on Don Siegelman, Roger Shuler, May 21, 2015. The U.S. Eleventh Circuit Court of Appeals virtually ignored perhaps the single most important issue raised on the Don Siegelman appeal-- that, under the law, the former governor is entitled to discovery on whether former U.S. attorney Leura Canary abided by her supposed recusal in the case. The panel used a fancy legal term called "law of the case." Is Siegelman out of options? Technically, the answer is no. He could seek an en banc hearing of the full Eleventh Circuit (minus Birmingham-based Bill Pryor, who has enough conflicts in the matter to sink the USS Missouri.) He also could seek review from the U.S. Supreme Court, which already has declined to hear the case once. A presidential pardon is not out of the question. But the grim truth is this: The federal judiciary and the Obama Department of Justice (DOJ) are deeply invested in covering up scandalous actions in the Siegelman case, so it's hard to see help coming from either of them.

Montgomery Advertiser, Fuller probe moving swiftly, judge says, Mary Troyan, May 1, 2015. The federal judiciary’s investigation into the domestic violence case against U.S. District Judge Mark Fuller is “progressing swiftly,” according to the judge leading the probe. U.S. Circuit Judge Gerald Tjoflat provided the update to Sen. Charles Grassley, R-Iowa, chairman of the Senate Judiciary Committee, in a recent letter. Fuller, whose office is based in Montgomery, has been suspended with pay for more than eight months while other federal judges decide whether additional discipline is needed. Fuller was charged with misdemeanor battery in August after his then-wife called 911 from an Atlanta hotel room and asked for help. He completed a pretrial diversion program involving counseling for domestic violence, and the charge was dropped in April. But the 11th Circuit Court of Appeals and Congress still have a say in whether Fuller should return to the bench. Several members of Congress from both parties have said the incident jeopardizes the integrity of the court and asked Fuller to resign. Fuller’s fellow judges could recommend impeachment, and the House Judiciary Committee already has requested a budget increase in case Congress pursues that option.

Associated Press via WFSA-TV (Montgomery), 11th Circuit upholds Siegelman conviction, sentence, Staff report, May 20, 2015. A federal appeals court has upheld the bribery conviction and prison sentence of former Alabama Gov. Don Siegelman [shown in a CBS "60 Minutes" show documenting how he has been framed for political reasons]. The 11th US Circuit Court of Appeals ruled Wednesday that Siegelman was not entitled to a new trial. The judges also upheld Siegelman's 78-month sentence. The ruling is the latest legal blow to Siegelman, who has been fighting to overturn his 2006 conviction in a government corruption case. A federal jury convicted Siegelman of appointing former HealthSouth CEO Richard Scrushy to a state board in exchange for campaign donations. Siegelman, a Democrat, had argued that a prosecutor with ties to GOP politics remained involved in his case despite her recusal. Federal judges said there was no evidence she influenced the prosecution team. Siegelman is projected to get out of prison in 2017. In related news, see also: Montgomery Advertiser, Fuller probe moving swiftly, judge says, Mary Troyan, May 1, 2015.

WASHINGTON - Senate Judiciary Committee Chairman Chuck Grassley of Iowa has asked the Eleventh Circuit Court of Appeals to update the committee on its investigation into the alleged misconduct by federal judge Mark Fuller.

Fuller is a judge on the United States District Court for the Middle District of Alabama. He was arrested in August 2014 on a state criminal charge involving allegations of spousal abuse.

"The judge's alleged actions raise serious questions, and, if true, will significantly undermine his ability to serve in his current capacity," Grassley said.

Federal law requires certain procedures to be followed when an investigation of a federal judge is initiated. The Judicial Improvements Act requires a special committee appointed by the chief judge of the circuit court to produce a comprehensive written report complete with recommendations for appropriate action.

The text of Grassley's letter is below. A signed copy of the letter is here.

I am writing to request an update on the status of the investigation by a special panel of the United States Court of Appeals for the Eleventh Circuit into alleged misconduct by United States District Court Judge Mark E. Fuller of the United States District Court for the Middle District of Alabama.

It has come to my attention that a special committee of the Eleventh Circuit, whose members were appointed by the Eleventh Circuit's Acting Chief Judge, has been conducting an investigation into a complaint against Judge Fuller. The filing of this complaint, which reportedly stems from Judge Fuller's arrest last August on a state criminal charge involving allegations of spousal abuse, raises serious questions, and, if true, the allegations may significantly undermine his ability to serve as a judge.

Congress has an interest in the expeditious resolution of the investigation, as federal law dictates certain procedures that must be followed when the judiciary launches an investigation of a complaint against a federal judge. Specifically, under the Judicial Improvements Act (28 U.S.C. § 353), after investigating such a complaint, a special committee appointed by the chief judge of a circuit must produce a comprehensive written report, which presents the findings of the investigation and the committee's recommendations for necessary and appropriate action.

I request that you provide this Committee with an update on the status of your investigation and the date by which you expect to have issued the comprehensive written report that is required by statute. Thank you in advance for your prompt response.

Sincerely,

Charles E. GrassleyChairman

Peter L. SissmanAttorney at Law2754 S. Ives St..Arlington, VA 2220

xxx

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News Reports

Note: Excerpts are from the authors' words except for subheads and occasional "Editor's notes" such as this.

May 25

Washington Post, New electoral maps for Ohio and Michigan can wait, Supreme Court says, Robert Barnes, May 25, 2019 (print ed.). While they consider the question of partisan gerrymandering, the justices put lower-court decisions finding those states’ maps unconstitutional on hold. The Supreme Court on Friday put on hold lower-court decisions that said Ohio and Michigan had to come up with new electoral maps because of unconstitutional partisan gerrymandering.

The decision was not surprising, because the justices are currently considering whether judges should even have a role in policing partisan gerrymandering. There were no noted dissents in the orders for either state.

The Supreme Court in March heard arguments in similar cases from North Carolina, where judges found that Republicans had manipulated congressional maps to their advantage, and from Maryland, where Democratic lawmakers redrew a district that resulted in a loss for a longtime Republican congressman.

While the Supreme Court regularly examines redistricting plans for signs of racial gerrymandering, it has never found a state’s plan so infected with partisan politics that it violates the rights of voters. The decision in the North Carolina and Maryland cases are expected before the end of June.

With the decisions from Ohio and Michigan, federal courts in five states have struck down maps as partisan gerrymanders. The courts in the Ohio and Michigan decisions ordered the states to come up with new maps that could be used in the 2020 elections.

May 24

UK's May Will Leave June 7

New York Times, Theresa May, Undone by Brexit, Will Step Down as Prime Minister, Stephen Castle, May 24, 2019. Mrs. May said she would resign after almost three years of trying and failing to lead Britain out of the European Union. Her departure is likely to set off a vicious contest to succeed her within the governing Conservative Party. Facing a cabinet rebellion, Theresa May announced on Friday morning her decision to leave office. She spoke briefly after meeting with Graham Brady, a powerful leader of backbench Conservative lawmakers.

Standing in front of 10 Downing Street, Mrs. May, shown in a file photo at right, said it was in the “best interests of the country for a new prime minister” to lead Britain through the Brexit process. She announced plans to step down as the leader of the Conservative Party on June 7, with the process to replace her beginning the following week.

“I feel as certain today as I did three years ago that in a democracy, if you give people a choice you have a duty to implement what they decide. I have done my best to do that,” she added. “I have done everything I can to convince MPs to back that deal. Sadly, I have not been able to do so.”

Conservative lawmakers have been deeply frustrated by Mrs. May’s failure to deliver on Brexit, which became the government’s central — some would say its sole — preoccupation after the country voted to leave the union in a 2016 referendum.

But the breaking point has come at an awkward moment, with President Trump scheduled to arrive in Britain on June 3 for a state visit and to take part in events to commemorate the 75th anniversary of the D-Day landings that preceded the end of World War II.

Trump Empowers Barr for "Spying" Probe

New York Times, Trump Gives Attorney General Sweeping Power in Review of 2016 Campaign Inquiry, Maggie Haberman and Michael S. Schmidt, May 24, 2019 (print ed.). The directive gives Mr. Barr immense leverage over the intelligence community and enormous power over what the public learns about the roots of the Russia investigation. President Trump took extraordinary steps on Thursday to give Attorney General William P. Barr, right, sweeping new authorities to conduct a review into how the 2016 Trump campaign’s ties to Russia were investigated, significantly escalating the administration’s efforts to place those who investigated the campaign under scrutiny.

In a directive, Mr. Trump ordered the C.I.A. and the country’s 15 other intelligence agencies to cooperate with the review and granted Mr. Barr the authority to unilaterally declassify their documents. The move — which occurred just hours after the president again declared that those who led the investigation committed treason — gave Mr. Barr immense leverage over the intelligence community and enormous power over what the public learns about the roots of the Russia investigation.

The order is a change for Mr. Trump, who last year dropped a plan to release documents related to the Russia ...

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Midnight Writer News Podcast,'Presidential Puppetry' with Andrew Kreig, Host S.T. Patrick, Dec. 19, 2018 (Episode 105). Andrew Kreig, the director of the Justice Integrity Project and the author of Presidential Puppetry, joins S.T. Patrick to discuss presidential politics of the last 40 years. What should we have known about George H.W. Bush, Bill & Hillary Clinton, George W. Bush, John Kerry, John Edwards, and John McCain?

Kreig takes a non-partisan approach to dissecting the pros, cons, misdeeds, and motivations of American presidential and vice-presidential candidates, dating back decades. In the interview, Kreig covers the Bush dynasty, why Reagan chose Bush in 1980, Bush and the October Surprise, the Willie Horton ad, The Election of 1992, Ross Perot’s deficiencies, what Fletcher Prouty still teaches us, the legitimacy of Bob Dole’s 1996 nomination, the value of Jack Kemp, Bush v Gore, The Two Johns: Kerry & Edwards, the real John McCain, and much more.

Kreig also discusses current events with us, including the Corsi/Stone vs Mueller situation and the unbelievable resolution of the Jeffery Epstein trial in Palm Beach. Andrew Kreig can be read and followed at the Justice Integrity Project.

Wiki Politiki, The Latest REAL News on the 9/11 Attacks and Finding Truth in a Sea of Lies, Steve Bhaerman, Dec. 18, 2018. An Interview with Andrew Kreig, Author, Attorney, Broadcaster and Founder of the Justice Integrity Project. Did you know that In a letter dated November 7, 2018, the U.S. Attorney for the Southern District of New York notified the Lawyers’ Committee for 9/11 Inquiry that he would comply with the provisions of 18 U.S.C. § 3332 requiring him to present to a special grand jury the Lawyers’ Committee’s reports filed earlier this year of unprosecuted federal crimes at the World Trade Center?

You didn’t? That’s because mainstream media makes it its business to insure that anything that points to the nefarious doings of the real deep state is “none of its business.” The misinformation, disinformation and missing information that pollute corporate news have created the perfect field for “real” fake news to flourish.